NEW YORK (FOX 5 NY) - A family trip to Disney World ended with a 69-year-old great-grandmother locked up and facing a felony charge.
It was all because Hester Burkhalter had a small bottle of CBD oil with her. She says it was recommended by her doctor in North Caolina.
"I have really bad arthritis in my legs, my arms and in my shoulder and I use it for the pain because it helps," Burkhalter says.
Burkhalter says she was stopped by security outside of the Magic Kingdom. Her bottle said zero milligrams THC but according to an arrest report, a deputy tested the oil and it tested positive for THC, which can get someone high.
"I didn't know what to think - I didn't understand it. I didn't feel like I did anything wrong. I didn't know. I've never had but one speeding ticket in my life. I've never been in a jailhouse," Burkhalter says.
According to Florida state law, any form of CBD is illegal without a prescription.
"The funny thing is - a little drop of oil with the CBD is a felony. Meanwhile, you can have up to 19.9 grams of leaf marijuana and it's a first-degree misdemeanor," her lawyer Jennifer Synnamon says.
While it is illegal in the state, it is sold at stores across Florida, and many people think it is legal.
Prosecutors have dropped charges against Burkhalter.